2002 Fiscal Year Final Research Report Summary
Comparison of Law of Financial Transaction in the era of financial intermediary in Japan and the U.S.
| Project/Area Number |
13620052
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | KYOTO UNIVERSITY |
|---|
Principal Investigator |
KINAMI Atsushi Kyoto University, Faculty of Law, Professor, 大学院・法学研究科, 教授 (30144314)
|
|---|
| Project Period (FY) |
2001 – 2002
|
| Keywords | Law of Financial Transaction Financial Intermediary / Financial Transaction / American Law / アメリカ法 |
|---|
| Research Abstract |
Division of labor in decision-making about investment is prevalent so that financial institutions play so important a role in meditating between those who provide capital and those who manage capital that they are integral to our daily life. Familiar examples of them are commercial banks and trust companies. Focusing on the way the law can protect legitimate expectation of the capital provider this research aimed at comparative understanding of the role of financial intermediaries that act for the capital provider in Japan and the United States. The way the language of law describes rights of various kinds of capital providers and the similarities and differences owing to choice of formulation for such description were examined closely. The contents of the rights of different kinds of capital providers, mechanisms for enforcement, and intrinsic limitations were closely scrutinized. The findings are summarized as follows: (1) It is essential for full protection of the rights of the capital provider to ensure that financial intermediaries shall meet the expectation of the law that formulate such rights in addition to the full exposition of such rights; and (2) It is as much necessary to set an environment that shall motivate them to meet such expectation, and to spell out the rules of sound business practices and the financial strength of the intermediary and to enforce them effectively.
|
Research Products
(4 results)
